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CHECK US OUT AT: http://delawareliberal.wordpress.com/Saturday, March 25, 2006
While Joe Biden, Tom Carper and Michael Castle Slept
Today I don't think it is hyperbole to say that we have past through the period historians might one day call the period of the American Republic. With the DoJ's responses to the House Judiciary Committee's FISA questions, it is clear that we are now living under some new form of government. The Republic of Adams, Jefferson and Hamilton is lost and while we may keep the songs, displays, and the meaningless pantomimes of self government - it is clear that we have dispensed with the idea of representative democracy.
Glenn Greenwald spells it out.
The Republicans and Democrats on the House Judiciary Committee submitted detailed questions to the Bush Administration regarding the NSA program, and the DoJ's responses to both the Democrats' questions and its responses to the Republicans' are now available.
There are numerous noteworthy items, but the most significant, by far, is that the DoJ made clear to Congress that even if Congress passes some sort of newly amended FISA of the type which Sen. DeWine introduced, and even if the President "agrees" to it and signs it into law, the President still has the power to violate that law if he wants to. Put another way, the Administration is telling the Congress -- again -- that they can go and pass all the laws they want which purport to liberalize or restrict the President's powers, and it does not matter, because the President has and intends to preserve the power to do whatever he wants regardless of what those laws provide. (snip)
Put another way, the Administration has seized the power of Congress to make the laws, they have seized the power of the judiciary to interpret the laws, and they execute them as well. They have consolidated within themselves all of the powers of the government, particularly with regard to national security. This situation is, of course, exactly what Madison warned about in Federalist 47; it really is the very opposite of everything our Government is intended to be.
Read the whole thing.
Glenn Greenwald spells it out.
The Republicans and Democrats on the House Judiciary Committee submitted detailed questions to the Bush Administration regarding the NSA program, and the DoJ's responses to both the Democrats' questions and its responses to the Republicans' are now available.
There are numerous noteworthy items, but the most significant, by far, is that the DoJ made clear to Congress that even if Congress passes some sort of newly amended FISA of the type which Sen. DeWine introduced, and even if the President "agrees" to it and signs it into law, the President still has the power to violate that law if he wants to. Put another way, the Administration is telling the Congress -- again -- that they can go and pass all the laws they want which purport to liberalize or restrict the President's powers, and it does not matter, because the President has and intends to preserve the power to do whatever he wants regardless of what those laws provide. (snip)
Put another way, the Administration has seized the power of Congress to make the laws, they have seized the power of the judiciary to interpret the laws, and they execute them as well. They have consolidated within themselves all of the powers of the government, particularly with regard to national security. This situation is, of course, exactly what Madison warned about in Federalist 47; it really is the very opposite of everything our Government is intended to be.
Read the whole thing.
posted by jason # 10:26 AM 
Comments:
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...at some point, the Supreme Court will exercise its Constitutional check on the executive and rule on the warrantless wiretap program.
The unitary executive theory does nto compel the President to follow Supreme Court rulings if they run contrary to what the President thinks is besyt for national security.
Congress can pull the funding for the NSA Program, or any program for that matter, at any time.
The President can restore funding by executive order if he feels national security requires it.
Don't worry DT one of these days the scales will fall from your eyes. I don't know what afront to the constitution will be the wake up call for you - but it is out there.
The unitary executive theory does nto compel the President to follow Supreme Court rulings if they run contrary to what the President thinks is besyt for national security.
Congress can pull the funding for the NSA Program, or any program for that matter, at any time.
The President can restore funding by executive order if he feels national security requires it.
Don't worry DT one of these days the scales will fall from your eyes. I don't know what afront to the constitution will be the wake up call for you - but it is out there.
"This president feels like he has complete power to do whatever he feels is necessary to prevent another attack"
You ought to be ashamed of yourself for even giving a veneer of respectability to such criminal behavior. NO ONE is allowed to trample on constitutional rights unless explicitly given the authority to do so in the constitution. Bush's "commander and chief" authority does not give him the authority to suspend the 4th amendment.
Your logic bears no difference from the defense given for despots in totalitarian regimes. How you can unashamedly make these arguments defies all comprehension.
"They voted to approve the Patriot Act. They also can pull the funding for the NSA Program, or any program for that matter, at any time.
You act like this is the death of the Constitution when it is actually the Constitution at work."
Except Congress is not doing it, although they've had plenty opportunity and cause to do so. So the system is not working and Jason is perfectly correct.
You ought to be ashamed of yourself for even giving a veneer of respectability to such criminal behavior. NO ONE is allowed to trample on constitutional rights unless explicitly given the authority to do so in the constitution. Bush's "commander and chief" authority does not give him the authority to suspend the 4th amendment.
Your logic bears no difference from the defense given for despots in totalitarian regimes. How you can unashamedly make these arguments defies all comprehension.
"They voted to approve the Patriot Act. They also can pull the funding for the NSA Program, or any program for that matter, at any time.
You act like this is the death of the Constitution when it is actually the Constitution at work."
Except Congress is not doing it, although they've had plenty opportunity and cause to do so. So the system is not working and Jason is perfectly correct.
Dt,
You have a lot of faith in the judiciary to act as an independent branch of government.
I thought democrats were supposed to be flaky and naive, and republicans were supposed to be hardboiled realists?
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You have a lot of faith in the judiciary to act as an independent branch of government.
I thought democrats were supposed to be flaky and naive, and republicans were supposed to be hardboiled realists?
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